What Procedure is Adopted in Summary Trial
Summary Trial” means a speedy trial. It means a trial in which the procedure is the same as prescribed for summons and warrant cases but the formal and elaborate or detailed taking down of evidence and writing a full-length judgement are not required.
A summary trial is, therefore, a summary with respect to the recording of the proceedings only, and not with respect to the proceedings themselves which must be as complete as in any other trial. It does not apply to Presidency Magistrates.
The objective of the Summary Trial
The object of the summary trial is to have a record sufficient for the purpose of justice but not so long as to impede speedy disposal of cases. In a summary trial, the procedure laid down by this Chapter should be strictly observed. A summary trial is a summary only in respect of the record of its proceedings.
What Magistrate can try, What Offences Summarily?
According to Suction 260(1), notwithstanding anything contained in this Code
- Any Chief Judicial Magistrate;
- Any Metropolitan Magistrate;
- Any Magistrate of the first class specially empowered on this behalf by the High Court.
may if he thinks fit, try in a summary way all or any of the following offences-
- Offences not punishable with death, imprisonment for life or imprisonment for a term exceeding two years;
- Theft, Under Section 379,380, or 382 of the IPC. Where the value of the property stolen does not exceed two hundred rupees;
- Receiving or retaining stolen property, Under Section 411 of the IPC where the value of the property does not exceed two hundred rupees.
- Assisting in the concealment or disposal 0f stolen property, Under Section 414 of the Indian Penal Code, where the value of such property does not exceed two hundred rupees.
- Offences Under SEction. 454 and 456 of the Indian Penal Code;
- Insuit with intent to provoke a breach of the peace, Under Section 504, and criminal intimidation, Under Section 506 the Indian Penal Code;
- Abatement of any of the foregoing offences;
- An attempt to commit any of the foregoing offences, when such an attempt is an offence;
- Any offence constituted by an act in respect of which a complaint may be made Under Section of the Cattle Trespass Act,1871.
(2) When in the course of a summary trial it appears to the Magistrate that the nature of the case is such that it is undesirable to try summarily, the Magistrate shall recall any witnesses who may have.